Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents, and the Scientific Outlook on Development; and thoroughly implement the guiding principles from major speeches by Xi Jinping. We must remain committed to integrating leadership by the Party, the position of the people as masters of the country, and the law-based governance of the country; keep resolutely to the path of socialist rule of law with Chinese characteristics; remain dedicated to upholding the authority of the Constitution and other laws; protect the rights and interests of the people, social equity and justice, and national security and stability in accordance with the law; and thus, through the rule of law, provide a powerful guarantee for achieving the Two Centenary Goals and realizing the Chinese Dream of the rejuvenation of the Chinese nation.
Second, it clearly states the overall objective of comprehensively advancing the rule of law is to build a socialist legal system with Chinese characteristics and a socialist country governed by the rule of law.
Third, it explicitly sets forth the five basic principles that must be observed in comprehensively advancing the rule of law: uphold the leadership of the CPC; uphold the principal position of the people; ensure that everyone is equal before the law; combine the rule of law with the rule of virtue; and base our work on the actual situation in China.
1.2.4.2. Part 2: Improving the socialist legal system with Chinese characteristics, at the heart of which is the Constitution, and strengthening enforcement of the Constitution. This mainly includes: First, innovation of concepts and basic ideas. “The law is of great value in the governance of a country, and good laws are a prerequisite for good governance. To build a socialist rule-of-law system with Chinese characteristics, we must begin with legislation, allowing legislation to play the role of guiding and driving forward the development of the rule of law, and focus on the key task of improving the quality of legislation. We must firmly adhere to the notion that the people always come first and it is for them that legislation is made, put into effect the core socialist values, and make sure that every piece of legislation is in keeping with the spirit of the Constitution, reflects the will of the people, and enjoys their support. We need to follow the principles of justice, impartiality, and openness throughout the whole legislative process, improve our legislative systems and mechanisms, and place equal emphasis on making new laws, revising existing ones, abolishing those that are unnecessary, and interpreting laws that need clarification in order to make our legislation more responsive, systemic, targeted, and effective”.
Second, improving our system for enforcing the Constitution and for overseeing its enforcement. “We need to improve the system by which the NPC and its Standing Committee oversee the enforcement of the Constitution, and put better procedures and mechanisms in place to interpret the Constitution. We need to improve our systems for putting on records and reviewing normative documents and strengthen our capacity in this respect. We need to bring all such documents within the purview of ours records and reviews”. Besides, according to the Resolution, December 4 has been made China’s Constitution Day, and a system of affirmations of allegiance is established, whereby all those who are elected or appointed to public office by people’s congresses or their standing committees make a public pledge of allegiance to the Constitution when they officially assume office.
Third, improving the legislative system. (1) Improving the procedures for making decisions on major issues in the legislative work of the Party. All instances where legislation involves major systemic or policyrelated adjustments must be referred to the CPC Central Committee for discussion and a decision. For constitutional revision, the Central Committee shall make proposals to the NPC, and the NPC shall carry out revision in accordance with the procedures stipulated in the Constitution. For major issues concerning the formulation and revision of laws, the Leading Party Group of the NPC Standing Committee shall report to the Central Committee. (2) Improving the systems and mechanisms through which those people’s congresses with legislative power lead legislative work, and ensuring that people’s congresses and their standing committees play the dominant role in legislative work. A system will be established whereby NPC’s special committees and the Legislative Affairs Commission of the NPC Standing Committee organize relevant departments to participate in the drafting of laws which are of a comprehensive or fundamental nature, and those that affect the overall picture. The proportion of full-time standing committee members within people’s congresses who have practical experience relating to the rule of law need to be increased. Besides, in accordance with the law, a sound system whereby specialists may act as legislative advisors to the special committees of people’s congresses and the legislative affairs commissions of the standing committee of people’s congressed need to be established. (3) Strengthening and improving the government legislative system to make progress in the administrative regulations, rules and regulations, as well as the public participation in the government legislative mechanism. Government legislative affairs agencies shall organize the drafting of major administrative laws and regulations. (4) Clearly defining the boundaries of legislative power and employing systems, mechanisms, and procedures to prevent the enactment of law for the protection of departmental or local interests. The legal interpretation work needs to be strengthened to promptly clarify the meaning of legal provisions and why they are applicable. The legislative power of local authorities need to be clearly defined and what they may legislate on needs to be delineated. Works need to be done to accord local legislative powers to all cities which are subdivided into districts.
Fourth, working hard to legislate more effectively and democratically. (1) The system of soliciting comments during the drafting of laws and regulations from the deputies to people’s congresses need to be improved. The systems for encouraging the general public to propose items to be legislated on and for them to debate about legislative items need to be improved. Channels and methods by which legislative bodies lead legislation while other sectors of society also participate in an orderly manner need to be improved. The possibility of entrusting third parties with the drafting of laws and regulations need to be explored. (2) The mechanisms by which legislatures communicate with the general public need to be improved. The channels through which citizens can, in an orderly way, participate in the legislative process need to be expanded. The mechanisms for soliciting comments from the public on drafts of laws and regulations, as well as for giving feedback about the use to which these comments have been put, need to be improved, and it’s of great necessity to achieve broad social consensus. (3) The procedures for voting on the drafts of laws need to be improved, and we need to allow important articles to be voted on separately.
Fifth, strengthening legislation in key areas. “We need to guarantee the rights of citizens in accordance with the law; quickly improve laws and institutions that ensure equal rights, equal opportunities, and fair rules for all; ensure that citizens’ personal rights, property rights, basic political rights, and other forms of rights are inviolable; ensure that citizens’ economic, cultural, and social rights are respected; and achieve an increasing level of the rule of law in the safeguarding of citizens’ rights. We need to strengthen awareness throughout the whole of society about the need to respect and safeguard human rights and improve the channels and methods by which remedy can be found for violations of citizens’ rights”.
Sixth, coordinating the country’s legislative work with the decisions on reform to make sure that all of the country’s major reforms have a legal basis, and that legislative work is carried out proactively to meet the needs of reform, as well as economic and social development. Decisions that prove to work well in practice should be promptly elevated to law. When it comes to reform measures for which conditions are not yet ripe or which first need to be tried and tested in practice, authorization must be secured first in accordance with legal procedures. Laws and regulations that are not suitable to the requirements of reform must be revised or rescinded without delay.
1.2.4.3. Part 3: Thoroughly advancing law-based government administration and accelerating the building of a rule-of-law government. This mainly includes: First, innovation of concepts and basic ideas—“The very life and authority of the law lies in its enforcement. Governments at all levels must work under the leadership of the Party and in line with the rule of law. They must make innovations in the system of law enforcement,
